Press release of June 25, 2012
Following a first instance dismissal of a parallel infringement action for non-infringement concerning Thomson Licensing’s European Patent EP 1 046 281 B1 (Dusseldorf District Court, decision of December 20, 2011 – 4b O 180/11; appeal pending), the Federal Patent Court now also decided in favour of Vestel. Upon a nullity action filed by the Vestel Germany GmbH, the Court declared the patent null and void with effect for the territory of the Federal Republic of Germany (decision of June 20, 2012 – 5 Ni 57/10 [EP]). Thomson Licensing is allowed to file appeal against this decision with the Federal Supreme Court. The patent concerns, within the field of digital television technology, a special delay technique to achieve synchronisation of the video image and audio output in television sets with analogous and digital hybrid-tuners.
The Vestel Group is one of the world leaders in research and development of consumer electronics and household technology, with original residence in Turkey. Thomson Licensing holds and licenses large patent portfolios, inter alia in the fields of analogous and digital television technology. In the recent past, the Dusseldorf District Court and the Federal Patent Court already had to deal with six patents of the licensing programme of Thomson Licensing for analogous television sets.
In the current conflict BARDEHLE PAGENBERG patent attorneys and attorneys-at-law are now representing Vestel Group. There are currently two further parallel infringement and validity proceedings pending before the Dusseldorf District Court and the Federal Patent Court, respectively, concerning European Patent EP 0 679 028 B1, with first instance decisions to be awaited here.
Legal representatives Vestel Group:
BARDEHLE PAGENBERG (Munich):
Johannes Heselberger (Attorney-at-Law, European Patent Attorney, Partner),
Dr. Tilman Müller-Stoy (Attorney-at-Law, Partner),
Alexander Wunsch (Patent Attorney, Partner),
Dr. Thomas Gniadek (Attorney-at-Law)
Legal representatives Thomson Licensing:
Rospatt Osten Pross (Dusseldorf): Dr. Henrik Timmann (Attorney-at-Law)Uexküll & Stolberg (Hamburg): Dr. Felix Landry (Patent Attorney)
Federal Patent Court (5. Nullity Senate):
Petra Martens (Deputy Presiding Judge)
Dusseldorf District Court (4b. Civil Chamber):
Ulrike Voß (Presiding Judge)